INFANT’S DEATH

Dominion, Volume 29, Issue 100, 22 January 1936, Page 17

INFANT’S DEATH

Mother to Stand Trial

CHARGE OF MURDER Evidence of Poisoning 1 By Telegraph—Press Association. Oamaru, January 21. A charge of murdering her eight-months-old son at Oamaru on September 10 last year was made against Cecily Fitzmaurice in the Magistrate’s Court to-day. Mr. H. W. Bundle, S.M., was on the bench.

On September 12 last nothing had been seen of Mrs. Fitzmaurice and her three children for some days. A neighbour forced an entrance and found the mother and the children lying iu bed. All were in a weak state and the baby in the mother’s arms was dead. The husband was absent in a workers’ camp. There was ample food in the house and some money. Mr. Adams, Dunedin Crown prosecutor, opening the case for the Crown, said it was alleged that accused on September 10 crushed twenty-three veroual tablets, and after having given them to the children with milk, took a dose herself, The baby died that night. On October 17 accused made a statement. The baby’s body was exhumed and barbn tone was found in its stomach.

Expert Evidence.

Twenty-one witnesses were called for the Crown, the hearing of evidence oc-. cupying the whole of the day. The prim cipal expert witnesses were Dr. D’Atlt (professor of pathology at Otago University), Mr. L, H. James (Government Analyst, Dunedin), and Drs. Fitzgerald and Butler (Oamaru), who testified to the results of the post-mortem aud exhumation examinations. The body of the child was exhumed on November 13. Dr. D’Ath stated that the organs had been forwarded to the analyst, aud lie had received a report stating that three and three-quarter grains of veronal had been found, which indicated that more than a fatal dose had been admin, istered. In bls opinion death was due to the administration of a poisonous dose of veronal, there being no indication to suggest any other cause of death.

Mr. James gave corroborative evidence regarding the quantity of barbitone poison found by analysis. The medical evidence showed that the child had been well cared for and was in good health. When Dr. Burler was called to the house he found the baby dead in accused’s arms, accused and the two older children being dazed and groggy, necessitating their removal to hospital. Dr. Butler had some difficulty in taking possession of the body, as accused was reluctant to part with her baby. The symptoms were consistent with veronal poisoning, but a postmortem did not disclose the cause of death.

Several neighbours testified that accused had been worried ■ about the children, the baby being ill with a cold. Accused stated that she wanted to remove to another' house with a sunporch, as she could not rear the baby in the house she was living in. Accused had received £6/6/- from her husband, but was disappointed, as she expected more and wanted to rent the other house. Accused had complained about ill-health, particularly about severe pains in her back. Accused was very fond of her children and was a good mother to them. Statement to Police. The chief police witnesses were Detective-Sergeant Holmes (Christchurch), Sergeant McGregor (Oamaru) and Constable Trethewey (Christ-, church). Sergeant McGregor stated there was plenty of money (£B/10/-) and food in the house, which was clean and tidy. The dishes were all washed and the beds were clean and well covered, Accused could give no explanation for the family’s condition, but later made statements which were produced. Sergeant Holmes gave evidence of ai interview on October 17 with accused, in which she stated she iiad 23 veronal tablets, which she crushed witli a rolling-pin, put into four cups, adding milk. She then placed the contents of one cup in the baby’s feeding bottle, givine one cup each io the other children and drinking one herself. She said that as. a result of this she expected they would all pass away in their sleep. She made a statement to this effect to him and Constable Trethewey, but when commencing to sign the first page she trembled violently and started to weep. She later recovered and signed tlie statement, which set out truly what she told witness. This was corroborated by Constable Trethewey. Accused was committed in custody to stand her trial at tlie next sitting of the Supreme Court at Dunedin. The coroner. Mr. W. H. Frith, resumed tiie inquest concerning tlie death of James Lance Fitzmaurice and returned a verdict that the child died from a poisonous dose of veronal administered by Cecily Fitzmaurice.